Sunday, July 28, 2019

Some Reflections on the Reading of Statutes Essay

Some Reflections on the Reading of Statutes - Essay Example Secondly, the plain meaning rule states â€Å"the language of the statute is clear, there is no need to look outside the statute to its legislative history in order to ascertain the statute’s meaning†. I agree with Felix Frankfurter that the language of the statute should be the starting point for identifying the meaning of the statute. Reading the text closely is the starting point for properly understanding and interpreting a statute. However, sometimes the initial understanding may be incorrect thus rereading the statute is a sure way of understanding its meaning. Thirdly, the legislative process has numerous components as well as actors participating in each of these components. Thus, it is almost impossible to identify the intent as well as the true sense of the words used in constructing a statute. Bills have multiple sponsors with regards to legislators. The bill is then introduced to a committee that has multiple employees who assist in producing a report on the bill. Finally, the bill is passed by the legislature and it is clear that it is almost impossible to discern the meaning of the bill at this point. Even though the passage of a bill requires consensus using a voting system, legislators vote for different reasons. Therefore, it is possible that legislators share different meanings of the bill but have the same interests. Thus, I would suggest that judicial construction should involve the incorporation of a classification statute or a general provision and withhold judges from performing construction.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.